United nations convention on the law of the sea 1982 (UNCLOS 1982 TIẾNG ANH)

Duties of ships and aircraft during their passage, research and survey activities, duties of the archipelagic State and laws and regulations of the archipelagic State relating to archipe

United Nations Convention on the Law of the Sea

CONTENTS

Page

PREAMBLE 21

PART I INTRODUCTION 22

Article 1 Use of terms and scope 22

PART II TERRITORIAL SEA AND CONTIGUOUS ZONE 23

SECTION 1 GENERAL PROVISIONS 23

Article 2 Legal status of the territorial sea, of the air space over the territorial sea and of its bed and subsoil 23

SECTION 2 LIMITS OF THE TERRITORIAL SEA 23

Article 3 Breadth of the territorial sea 23

Article 4 Outer limit of the territorial sea 23

Article 5 Normal baseline 23

Article 6 Reefs 23

Article 7 Straight baselines 24

Article 8 Internal waters 24

Article 9 Mouths of rivers 24

Article 10 Bays 24

Article 11 Ports 25

Article 12 Roadsteads 25

Article 13 Low-tide elevations 25

Article 14 Combination of methods for determining baselines 26

Article 15 D e l i m i t a t i o n o f t h e territorial sea between States with opposite or adjacent coasts 26

Article 16 Charts and lists of geographical coordinates 26

SECTION 3 INNOCENT PASSAGE IN THE TERRITORIAL SEA 26

SUBSECTION A RULES APPLICABLE TO ALL SHIPS 26

Article 17 Right of innocent passage 26

Article 18 Meaning of passage 26

Article 19 Meaning of innocent passage 27

Article 20 Submarines and other underwater vehicles 27

Article 21 Laws and regulations of the coastal State relating to innocent passage 27

Article 22 Sea lanes and traffic separation schemes in the territorial sea 28 Article 23 Foreign nuclear-powered

ships and ships carrying nuclear or other inherently

dangerous or noxious

substances 29

Article 24 Duties of the coastal State 29

Article 25 Rights of protection of the coastal State 29

Article 26 Charges which may be levied upon foreign ships 29

SUBSECTION B RULES APPLICABLE TO MERCHANT SHIPS AND G O V E R N M E N T S H I P S O P E R A T E D F O R COMMERCIAL PURPOSES 30

Article 27 Criminal jurisdiction on board a foreign ship 30

Article 28 Civil jurisdiction in relation to foreign ships 30

SUBSECTION C RULES APPLICABLE TO WARSHIPS AND OTHER GOVERNMENT SHIPS O P E R A T E D F O R N O N - C O M M E R C I A L PURPOSES 31

Article 29 Definition of warships 31

Article 30 Non-compliance by warships with the laws and regulations of the coastal State 31

Article 31 Responsibility of the flag State for damage caused by a warship or other government ship operated f o r n o n - c o m m e r c i a l purposes 31

Article 32 Immunities of warships and other government ships o p e r a t e d f o r non-commercial purposes 31

SECTION 4 CONTIGUOUS ZONE 31

Article 33 Contiguous zone 31

PART III STRAITS USED FOR INTERNATIONAL NAVIGATION 32

SECTION 1 GENERAL PROVISIONS 32

Article 34 Legal status of waters forming straits used for international navigation 32

Article 35 Scope of this Part 32

Article 36 High seas routes or routes through exclusive economic zones through straits used for international navigation 32

SECTION 2 TRANSIT PASSAGE 33

Article 37 Scope of this section 33

Article 38 Right of transit passage 33

Article 39 Duties of ships and aircraft during transit passage 33

Article 40 Research and survey activities 34 Article 41 Sea lanes and traffic

separation schemes in straits

used for international

navigation 34

Article 42 Laws and regulations of States bordering straits relating to transit passage 35

Article 43 Navigational and safety aids and other improvements and the prevention, reduction and control of pollution 35

Article 44 Duties of States bordering straits 35

SECTION 3 INNOCENT PASSAGE 36

Article 45 Innocent passage 36

PART IV ARCHIPELAGIC STATES 36

Article 46 Use of terms 36

Article 47 Archipelagic baselines 36

Article 48 Measurement of the breadth of the territorial sea, the contiguous zone, the exclusive economic zone and the continental shelf 37

Article 49 Legal status of archipelagic waters, of the air space over archipelagic waters and of their bed and subsoil 37

Article 50 Delimitation of internal waters 37

Article 51 E x i s t i n g a g r e e m e n t s , traditional fishing rights and existing submarine cables 38

Article 52 Right of innocent passage 38

Article 53 Right of archipelagic sea lanes passage 38

Article 54 Duties of ships and aircraft during their passage, research and survey activities, duties of the archipelagic State and laws and regulations of the archipelagic State relating to archipelagic sea lanes passage 39

PART V EXCLUSIVE ECONOMIC ZONE 40

Article 55 Specific legal regime of the exclusive economic zone 40

Article 56 Rights, jurisdiction and duties of the coastal State in the exclusive economic zone 40

Article 57 Breadth of the exclusive economic zone 40

Article 58 Rights and duties of other

States in the exclusive

economic zone 40

Article 59 Basis for the resolution of conflicts regarding the attribution of rights and jurisdiction in the exclusive economic zone 41

Article 60 A r t i f i c i a l i s l a n d s , installations and structures in the exclusive economic zone 41

Article 61 Conservation of the living resources 42

Article 62 Utilization of the living resources 43

Article 63 Stocks occurring within the exclusive economic zones of two or more coastal States or both within the exclusive economic zone and in an area beyond and adjacent to it 44

Article 64 Highly migratory species 44

Article 65 Marine mammals 44

Article 66 Anadromous stocks 45

Article 67 Catadromous species 45

Article 68 Sedentary species 46

Article 69 Right of land-locked States 46

Article 70 Right of geographically disadvantaged States 47

Article 71 Non-applicability of articles 69 and 70 48

Article 72 Restrictions on transfer of rights 48

Article 73 Enforcement of laws and regulations of the coastal State 48

Article 74 D e l i m i t a t i o n o f t h e exclusive economic zone between States with opposite or adjacent coasts 49

Article 75 C h a r t s a n d l i s t s o f geographical coordinates 49

PART VI CONTINENTAL SHELF 49

Article 76 Definition of the continental shelf 49

Article 77 Rights of the coastal State over the continental shelf 51 Article 78 Legal status of the superjacent waters and air space and the rights and freedoms of other States 51

Article 79 Submarine cables and pipelines on the continental shelf 51

Article 80 A r t i f i c i a l i s l a n d s ,

installations and structures

on the continental shelf 52

Article 81 Drilling on the continental shelf 52

Article 82 Payments and contributions with respect to the e x p l o i t a t i o n o f th e continental shelf beyond 200 nautical miles 52

Article 83 D e l i m i t a t i o n o f t h e continental shelf between States with opposite or adjacent coasts 52

Article 84 Charts and lists of geographical coordinates 53

Article 85 Tunnelling 53

PART VII HIGH SEAS 53

SECTION 1 GENERAL PROVISIONS 53

Article 86 Application of the provisions of this Part 53

Article 87 Freedom of the high seas 53

Article 88 Reservation of the high seas for peaceful purposes 54

Article 89 Invalidity of claims of sovereignty over the high seas 54

Article 90 Right of navigation 54

Article 91 Nationality of ships 54

Article 92 Status of ships 54

Article 93 Ships flying the flag of the United Nations, its specialized agencies and the International Ato mic Energy Agency 55

Article 94 Duties of the flag State 55

Article 95 Immunity of warships on the high seas 56

Article 96 Immunity of ships used only o n g o v e r n m e n t non-commercial service 56

Article 97 Penal jurisdiction in matters of collision or any other incident of navigation 56

Article 98 Duty to render assistance 56

Article 99 Prohibition of the transport of slaves 57

Article 100 Duty to cooperate in the repression of piracy 57

Article 101 Definition of piracy 57

Article 102 Piracy by a warship, go vernment ship o r government aircraft whose crew has mutinied 58

Article 103 Definition of a pirate ship or aircraft 58

Article 104 Retention or loss of the

nationality of a pirate ship

or aircraft 58

Article 105 Seizure of a pirate ship or aircraft 58

Article 106 Liability for seizure without adequate grounds 58

Article 107 Ships and aircraft which are entitled to seize on account of piracy 58

Article 108 Illicit traffic in narcotic drugs or psychotropic substances 59

Article 109 Unauthorized broadcasting from the high seas 59

Article 110 Right of visit 59

Article 111 Right of hot pursuit 60

Article 112 Right to lay submarine cables and pipelines 61

Article 113 Breaking or injury of a submarine cable or pipeline 61

Article 114 Breaking or injury by owners of a submarine cable or pipeline of another submarine cable or pipeline 61

Article 115 Indemnity for loss incurred in avoiding injury to a submarine cable or pipeline 61

SECTION 2 C O N S E R V A T I O N A N D MANAGEMENT OF THE LIVING RESOURCES OF THE HIGH SEAS 62

Article 116 Right to fish on the high seas 62

Article 117 Duty of States to adopt with respect to their nationals m e a s u r e s f o r t h e conservation of the living resources of the high seas 62

Article 118 Cooperation of States in the c o n s e r v a t i o n a n d management of living resources 62

Article 119 Conservation of the living resources of the high seas 62

Article 120 Marine mammals 63

PART VIII REGIME OF ISLANDS 63

Article 121 Regime of islands 63

PART IX ENCLOSED OR SEMI-ENCLOSED SEAS 63

Article 122 Definition 63

Article 123 Cooperation of States bordering enclosed or semi-enclosed seas 64

PART X RIGHT OF ACCESS OF LAND-LOCKED STATES TO AND FROM THE SEA AND FREEDOM OF TRANSIT 64

Article 124 Use of terms 64

Article 125 Right of access to and from the sea and freedom of transit 65

Article 126 Exclusion of application of the most-favoured-nation clause 65

Article 127 Customs duties, taxes and other charges 65

Article 128 Free zones and other customs facilities 65

Article 129 C o o p e r a t i o n i n t h e c o n s t r u c t i o n a n d improvement of means of transport 65

Article 130 Measures to avoid or eliminate delays or other difficulties of a technical nature in traffic in transit 66

Article 131 Equal treatment in maritime ports 66

Article 132 Grant of greater transit facilities 66

PART XI THE AREA 66

SECTION l GENERAL PROVISIONS 66

Article 133 Use of terms 66

Article 134 Scope of this Part 66

Article 135 Legal status of the superjacent waters and air space 67

SECTION 2 PRINCIPLES GOVERNING THE AREA 67

Article 136 Common heritage of mankind 67

Article 137 Legal status of the Area and its resources 67

Article 138 General conduct of States in relation to the Area 67

Article 139 Responsibility to ensure compliance and liability for damage 67

Article 140 Benefit of mankind 68

Article 141 Use of the Area exclusively for peaceful purposes 68 Article 142 Rights and legitimate interests of coastal States 68

Article 143 Marine scientific research 69

Article 144 Transfer of technology 69

Article 145 Protection of the marine environment 70

Article 146 Protection of human life 70

Article 147 A c c o m m o d a t i o n o f activities in the Area and in the marine environment 70

Article 148 Participation of developing States in activities in the Area 71

Article 149 Archaeological and historical objects 71

SECTION 3 DEVELOPMENT OF RESOURCES OF THE AREA 71

Article 150 Policies relating to activities in the Area 71

Article 151 Production policies 72

Article 152 Exercise of powers and functions by the Authority 75

Article 153 System of exploration and exploitation 75

Article 154 Periodic review 76

Article 155 The Review Conference 76

SECTION 4 THE AUTHORITY 78

SUBSECTION A GENERAL PROVISIONS 78

Article 156 Establishment of the Authority 78

Article 157 Nature and fundamental principles of the Authority 78

Article 158 Organs of the Authority 78

SUBSECTION B THE ASSEMBLY 79

Article 159 Composition, procedure and voting 79

Article 160 Powers and functions 79

SUBSECTION C THE COUNCIL 81

Article 161 Composition, procedure and voting 81

Article 162 Powers and functions 83

Article 163 Organs of the Council 86

Article 164 The Economic Planning Commission 87

Article 165 The Legal and Technical Commission 88

SUBSECTION D THE SECRETARIAT 89

Article 166 The Secretariat 89

Article 167 The staff of the Authority 90

Article 168 International character of the Secretariat 90

Article 169 C o n s u l t a t i o n a n d c o o p e r a t i o n w i t h i n t e r n a t i o n a l a n d n o n - g o v e r n m e n t a l organizations 91

SUBSECTION E THE ENTERPRISE 91

Article 170 The Enterprise 91

SUBSECTION F F I N A N C I A L ARRANGEMENTS

OF THE AUTHORITY 91

Article 171 Funds of the Authority 91

Article 172 Annual budget of the Authority 92

Article 173 Expenses of the Authority 92

Article 174 Borrowing power of the Authority 92

Article 175 Annual audit 92

SUBSECTION G L E G A L S T A T U S ,

PRIVILEGES

AND IMMUNITIES 93

Article 176 Legal status 93

Article 177 Privileges and immunities 93

Article 178 Immunity from legal process 93

Article 179 Immunity from search and any form of seizure 93

Article 180 E x e m p t i o n f r o m restrictions, regulations, controls and moratoria 93

Article 181 Archives and official communications of the Authority 93

Article 182 Privileges and immunities o f c e r t a i n p e r s o n s c o n n e cted with t h e Authority 94

Article 183 Exemption from taxes and customs duties 94

SUBSECTION H SUSPENSION OF THE EXERCISE OF RIGHTS AND PRIVILEGES OF MEMBERS 94

Article 184 Suspension of the exercise of voting rights 94

Article 185 Suspension of exercise of rights and privileges of membership 95

SECTION 5 SETTLEMENT OF DISPUTES AND ADVISORY OPINIONS 95

Article 186 Seabed Disputes Chamber of the International Tribunal for the Law of the Sea 95

Article 187 Jurisdiction of the Seabed Disputes Chamber 95

Article 188 Submission of disputes to a special chamber of the International Tribunal for the Law of the Sea or an ad hoc chamber of the Seabed Disputes Chamber or to binding commercial arbitration 96

Article 189 Limitation on jurisdiction with regard to decisions of the Authority 97

Article 190 P a r t i c i p a t i o n a n d appearance of sponsoring S t a t e s P a r t i e s i n proceedings 97

Article 191 Advisory opinions 97

PART XII PROTECTION AND PRESERVATION OF THE MARINE ENVIRONMENT 98

SECTION 1 GENERAL PROVISIONS 98

Article 192 General obligation 98

Article 193 Sovereign right of States to exploit their natural resources 98

Article 194 Measures to prevent, reduce and control pollution of the marine environment 98

Article 195 Duty not to transfer damage or hazards or transform one type of pollution into another 99

Article 196 Use of technologies or introduction of alien or new species 99

SECTION 2 GLOBAL AND REGIONAL COOPERATION 99

Article 197 Cooperation on a global or regional basis 99

Article 198 Notification of imminent or actual damage 100

Article 199 Contingency plans against pollution 100

Article 200 S t u d i e s , r e s e a r c h programmes and exchange of information and data 100

Article 201 Scientific criteria for regulations 100

SECTION 3 TECHNICAL ASSISTANCE 100

Article 202 Scientific and technical assistance to developing States 100

Article 203 Preferential treatment for developing States 101

SECTION 4 M O N I T O R I N G A N D ENVIRONMENTAL ASSESS-MENT 101

Article 204 Monitoring of the risks or effects of pollution 101

Article 205 Publication of reports 101

Article 206 Assessment of potential effects of activities 101

SECTION 5 INTERNATIONAL RULES AND NATIONAL LEGISLATION TO P R E V E N T, R E DUCE AND CONTROL POLLUTION OF THE MARINE ENVIRONMENT 102

Article 207 Pollution from land-based sources 102

Article 208 Pollution from seabed activities subject to national jurisdiction 102

Article 209 Pollution from activities in the Area 103

Article 210 Pollution by dumping 103

Article 211 Pollution from vessels 103

Article 212 Pollution from or through the atmosphere 105

SECTION 6 ENFORCEMENT 105

Article 213 Enforcement with respect to pollution from land-based sources 105

Article 214 Enforcement with respect to pollution from seabed activities 106

Article 215 Enforcement with respect to

pollution from activities in

the Area 106

Article 216 Enforcement with respect to pollution by dumping 106

Article 217 Enforcement by flag States 106

Article 218 Enforcement by port States 107

Article 219 Measures relating to seaworthiness of vessels to avoid pollution 108

Article 220 Enforcement by coastal States 108

Article 221 Measures to avoid pollution arising from maritime casualties 109

Article 222 Enforcement with respect to pollution from or through the atmosphere 110

SECTION 7 SAFEGUARDS 110

Article 223 Measures to facilitate proceedings 110

Article 224 Exercise of powers of enforcement 110

Article 225 Duty to avoid adverse consequences in the exercise of the powers of enforcement 110

Article 226 Investigation of foreign vessels 111

Article 227 Non-discrimination with respect to foreign vessels 111

Article 228 Suspension and restrictions o n i n s t i t u t i o n o f proceedings 111

Article 229 Institution of civil proceedings 112

Article 230 Monetary penalties and the observance of recognized rights of the accused 112

Article 231 Notification to the flag State and other States concerned 112

Article 232 Liability of States arising from enforcement measures 113

Article 233 Safeguards with respect to straits used for international navigation 113

SECTION 8 ICE-COVERED AREAS 113

Article 234 Ice-covered areas 113

SECTION 9 RESPONSIBILITY AND LIABILITY 113

Article 235 Responsibility and liability 113

SECTION 10 SOVEREIGN IMMUNITY 114

Article 236 Sovereign immunity 114

SECTION 11 OBLIGATIONS UNDER OTHER C O N V E N T I O N S O N T H E P R O T E C T I O N A N D PRESERVATION OF THE MARINE ENVIRONMENT 114

Article 237 Obligations under other

co n v e n t io n s o n t h e protection and preservation

of the marine environment 114

PART XIII MARINE SCIENTIFIC RESEARCH 115

SECTION 1 GENERAL PROVISIONS 115

Article 238 Right to conduct marine scientific research 115

Article 239 Promotion of marine scientific research 115

Article 240 General principles for the conduct of marine scientific research 115

Article 241 Non-recognition of marine scientific research activities as the legal basis for claims 115

SECTION 2 INTERNATIONAL COOPERATION 116

Article 242 Promotion of international cooperation 116

Article 243 Creation of favourable conditions 116

Article 244 P u b l i c a t i o n a n d d i s s e m i n a t i o n o f information and knowledge 116

SECTION 3 CONDUCT AND PROMOTION OF MARINE SCIENTIFIC RESEARCH 116

Article 245 Marine scientific research in the territorial sea 116

Article 246 Marine scientific research in the exclusive economic zone and on the continental shelf 117

Article 247 Marine scientific research projects undertaken by or under the auspices of international organiza-tions 118

Article 248 Duty to provide information to the coastal State 118

Article 249 Duty to comply with certain conditions 118

Article 250 C o m m u n i c a t i o n s concerning marine scientific research projects 119

Article 251 General criteria and guidelines 119

Article 252 Implied consent 119

Article 253 Suspension or cessation of marine scientific research activities 120

Article 254 Rights of neighbouring l a n d - l o c k e d a n d g e o g r a p h i c a l l y disadvantaged States 120

Article 255 Measures to facilitate

marine scientific research

and assist research vessels 121

Article 256 Marine scientific research in the Area 121

Article 257 Marine scientific research in the water column beyond the exclusive economic zone 121

SECTION 4 S C I E N T I F I C R E S E A R C H INSTALLATIONS OR EQUIPMENT IN THE MARINE ENVIRONMENT 121

Article 258 Deployment and use 121

Article 259 Legal status 122

Article 260 Safety zones 122

Article 261 Non-interference with shipping routes 122

Article 262 Identification markings and warning signals 122

SECTION 5 RESPONSIBILITY AND LIABILITY 122

Article 263 Responsibility and liability 122

SECTION 6 SETTLEMENT OF DISPUTES AND INTERIM MEASURES 123

Article 264 Settlement of disputes 123

Article 265 Interim measures 123

PART XIV DEVELOPMENT AND TRANSFER OF MARINE TECHNOLOGY 123

SECTION 1 GENERAL PROVISIONS 123

Article 266 P r o m o t i o n o f t h e development and transfer of marine technology 123

Article 267 Protection of legitimate interests 123

Article 268 Basic objectives 124

Article 269 Measures to achieve the basic objectives 124

SECTION 2 INTERNATIONAL COOPERATION 124

Article 270 Ways and means of international cooperation 124

Article 271 Guidelines, criteria and standards 125

Article 272 Coordination of international programmes 125

Article 273 C o o p e r a t i o n w i t h international organizations and the Authority 125

Article 274 Objectives of the Authority 125

SECTION 3 NATIONAL AND REGIONAL MARINE SCIENTI-FIC AND TECHNOLOGICAL CENTRES 126

Article 275 Establishment of national centres 126

Article 276 Establishment of regional centres 126

Article 277 Functions of regional centres 126

SECTION 4 C O O P E R A T I O N A M O N G I N T E R N A T I O N A L ORGANIZATIONS 127

Article 278 Cooperation among international organizations 127

PART XV SETTLEMENT OF DISPUTES 127

SECTION 1 GENERAL PROVISIONS 127

Article 279 Obligation to settle disputes by peaceful means 127

Article 280 Settlement of disputes by any peaceful means chosen by the parties 127

Article 281 P r o c e d u re wh e r e n o settlement has been reached by the parties 127

Article 282 Obligations under general, regional or bilateral agreements 128

Article 283 Obligation to exchange views 128

Article 284 Conciliation 128

Article 285 Application of this section to disputes submitted pursuant to Part XI 128

SECTION 2 COMPULSORY PROCEDURES ENTAILING BINDING DECISIONS 129

Article 286 Application of procedures under this section 129

Article 287 Choice of procedure 129

Article 288 Jurisdiction 130

Article 289 Experts 130

Article 290 Provisional measures 130

Article 291 Access 131

Article 292 Prompt release of vessels and crews 131

Article 293 Applicable law 131

Article 294 Preliminary proceedings 132

Article 295 Exhaustion of local remedies 132

Article 296 Finality and binding force of decisions 132

SECTION 3 LIMITATIONS AND EXCEPTIONS T O A P P L I C A - B I L I T Y O F SECTION 2 132

Article 297 Limitations on applicability of section 2 132

Article 298 Optional exceptions to applicability of section 2 134

Article 299 Right of the parties to agree upon a procedure 135

PART XVI GENERAL PROVISIONS 135

Article 300 Good faith and abuse of rights 135

Article 301 Peaceful uses of the seas 136

Article 302 Disclosure of information 136

Article 303 A r c h a e o l o g i c a l a n d historical objects found at sea 136

Article 304 Responsibility and liability for damage 136

PART XVII FINAL PROVISIONS 137

Article 305 Signature 137

Article 306 Ratification and formal confirmation 137

Article 307 Accession 137

Article 308 Entry into force 138

Article 309 Reservations and exceptions 138

Article 310 Declarations and statements 138

Article 311 R e l a t i o n t o o t h e r c o n v e n t i o n s a n d international agreements 138

Article 312 Amendment 139

Article 313 Amendment by simplified procedure 139

Article 314 A m e n d m e n t s t o t h e p r o v i s i o n s o f t h i s C o n v e n t i o n r e l a t i n g exclusively to activities in the Area 140

Article 315 Signature, ratification of, accession to and authentic texts of amendments 140

Article 316 Entry into force of amendments 140

Article 317 Denunciation 141

Article 318 Status of Annexes 141

Article 319 Depositary 141

Article 320 Authentic texts 142

ANNEX I HIGHLY MIGRATORY SPECIES 143

ANNEX II COMMISSION ON THE LIMITS OF THE CONTINEN-TAL SHELF 143

ANNEX III BASIC CONDITIONS OF PROSPECTING, EXPLORA-TION AND EXPLOITATION 145

Article 1 Title to minerals 145

Article 2 Prospecting 145

Article 3 Exploration and exploitation 146

Article 4 Qualifications of applicants 146

Article 5 Transfer of technology 147

Article 6 Approval of plans of work 149

Article 7 Selection among applicants f o r p r o d u c t i o n authorizations 150

Article 8 Reservation of areas 151

Article 9 Activities in reserved areas 152

Article 10 Preference and priority among applicants 152

Article 11 Joint arrangements 152

Article 12 Activities carried out by the Enterprise 153

Article 13 Financial terms of contracts 153

Article 14 Transfer of data 160

Article 15 Training programmes 160

Article 16 Exclusive right to explore and exploit 160

Article 17 Rules, regulations and

procedures of the

Authority 160

Article 18 Penalties 163

Article 19 Revision of contract 163

Article 20 Transfer of rights and obligations 164

Article 21 Applicable law 164

Article 22 Responsibility 164

ANNEX IV STATUTE OF THE ENTERPRISE 164

Article 1 Purposes 164

Article 2 Relationship to the Authority 165

Article 3 Limitation of liability 165

Article 4 Structure 165

Article 5 Governing Board 165

Article 6 Powers and functions of the Governing Board 166

Article 7 Director-General and staff of the Enterprise 167

Article 8 Location 167

Article 9 Reports and financial statements 167

Article 10 Allocation of net income 168

Article 11 Finances 168

Article 12 Operations 170

Article 13 Legal status, privileges and immunities 171

ANNEX V CONCILIATION 172

SECTION 1 CONCILIATION PROCEDURE PURSUANT TO SECTION 1 OF PART XV 172

Article 1 Institution of proceedings 172

Article 2 List of conciliators 173

Article 3 Constitution of conciliation commission 173

Article 4 Procedure 174

Article 5 Amicable settlement 174

Article 6 Functions of the commission 174

Article 7 Report 174

Article 8 Termination 174

Article 9 Fees and expenses 175

Article 10 Right of parties to modify procedure 175

SECTION 2 COMPULSORY SUBMISSION TO CONCILIATION PROCEDURE PURSUANT TO SECTION 3 OF PART XV 175

Article 11 Institution of proceedings 175

Article 12 Failure to reply or to submit to conciliation 175

Article 13 Competence 175

Article 14 Application of section 1 175

ANNEX VI STATUTE OF THE INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA 176

Article 1 General provisions 176

SECTION 1 ORGANIZATION OF THE TRIBUNAL 176

Article 2 Composition 176

Article 3 Membership 176

Article 4 Nominations and elections 176

Article 5 Term of office 177

Article 6 Vacancies 177

Article 7 Incompatible activities 178

Article 8 Conditions relating to participation of members in a particular case 178

Article 9 Consequence of ceasing to fulfil required conditions 178

Article 10 Privileges and immunities 178

Article 11 Solemn declaration by members 178

Article 12 President, Vice-President and Registrar 179

Article 13 Quorum 179

Article 14 Seabed Disputes Chamber 179

Article 15 Special chambers 179

Article 16 Rules of the Tribunal 180

Article 17 Nationality of members 180

Article 18 Remuneration of members 180

Article 19 Expenses of the Tribunal 181

SECTION 2 COMPETENCE 181

Article 20 Access to the Tribunal 181

Article 21 Jurisdiction 181

Article 22 Reference of disputes subject to other agreements 181

Article 23 Applicable law 181

SECTION 3 PROCEDURE 182

Article 24 Institution of proceedings 182

Article 25 Provisional measures 182

Article 26 Hearing 182

Article 27 Conduct of case 182

Article 28 Default 182

Article 29 Majority for decision 183

Article 30 Judgment 183

Article 31 Request to intervene 183

Article 32 Right to intervene in cases o f i n terpretatio n o r application 183

Article 33 Finality and binding force of decisions 183

Article 34 Costs 184

SECTION 4 SEABED DISPUTES CHAMBER 184

Article 35 Composition 184

Article 36 Ad hoc chambers 184

Article 37 Access 185

Article 38 Applicable law 185

Article 39 Enforcement of decisions of the Chamber 185

Article 40 Applicability of other sections of this Annex 185

SECTION 5 AMENDMENTS 185

Article 41 Amendments 185

ANNEX VII ARBITRATION 186

Article 1 Institution of proceedings 186

Article 2 List of arbitrators 186

Article 3 Constitution of arbitral tribunal 186

Article 4 Functions of arbitral tribunal 187

Article 5 Procedure 187

Article 6 Duties of parties to a dispute 188

Article 7 Expenses 188

Article 8 Required majority for decisions 188

Article 9 Default of appearance 188

Article 10 Award 188

Article 11 Finality of award 188

Article 12 Interpretation or implementation of award 189

Article 13 Application to entities other than States Parties 189

ANNEX VIII SPECIAL ARBITRATION 189

Article 1 Institution of proceedings 189

Article 2 Lists of experts 189

Article 3 Constitution of special arbitral tribunal 190

Article 4 General provisions 191

Article 5 Fact finding 191

ANNEX IX PARTICIPATION BY INTERNATIONAL ORGANIZA-TIONS 191

Article 1 Use of terms 191

Article 2 Signature 192

Article 3 Formal confirmation and accession 192

Article 4 Extent of participation and rights and obligations 192

Article 5 Declarations, notifications and communications 193

Article 6 Responsibility and liability 193

Article 7 Settlement of disputes 193

Article 8 Applicability of Part XVII 194

The States Parties to this Convention,

Prompted by the desire to settle, in a spirit of mutual understanding and

cooperation, all issues relating to the law of the sea and aware of the historicsignificance of this Convention as an important contribution to themaintenance of peace, justice and progress for all peoples of the world,

Noting that developments since the United Nations Conferences on the

Law of the Sea held at Geneva in 1958 and 1960 have accentuated the needfor a new and generally acceptable Convention on the law of the sea,

Conscious that the problems of ocean space are closely interrelated and

need to be considered as a whole,

Recognizing the desirability of establishing through this Convention,

with due regard for the sovereignty of all States, a legal order for the seas andoceans which will facilitate international communication, and will promotethe peaceful uses of the seas and oceans, the equitable and efficient utilization

of their resources, the conservation of their living resources, and the study,protection and preservation of the marine environment,

Bearing in mind that the achievement of these goals will contribute to

the realization of a just and equitable international economic order whichtakes into account the interests and needs of mankind as a whole and, inparticular, the special interests and needs of developing countries, whethercoastal or land-locked,

Desiring by this Convention to develop the principles embodied in

resolution 2749 (XXV) of 17 December 1970 in which the General Assembly

of the United Nations solemnly declared inter alia that the area of the seabed

and ocean floor and the subsoil thereof, beyond the limits of nationaljurisdiction, as well as its resources, are the common heritage of mankind, theexploration and exploitation of which shall be carried out for the benefit ofmankind as a whole, irrespective of the geographical location of States,

Believing that the codification and progressive development of the law

of the sea achieved in this Convention will contribute to the strengthening ofpeace, security, cooperation and friendly relations among all nations inconformity with the principles of justice and equal rights and will promote theeconomic and social advancement of all peoples of the world, in accordancewith the Purposes and Principles of the United Nations as set forth in theCharter,

Affirming that matters not regulated by this Convention continue to be

governed by the rules and principles of general international law,

Have agreed as follows:

PART I INTRODUCTION

Article 1 Use of terms and scope

1 For the purposes of this Convention:

(1) "Area" means the seabed and ocean floor and subsoil thereof,beyond the limits of national jurisdiction;

(2) "Authority" means the International Seabed Authority;(3) "activities in the Area" means all activities of exploration for,and exploitation of, the resources of the Area;

(4) "pollution of the marine environment" means the introduction

by man, directly or indirectly, of substances or energy into the marineenvironment, including estuaries, which results or is likely to result in suchdeleterious effects as harm to living resources and marine life, hazards tohuman health, hindrance to marine activities, including fishing and otherlegitimate uses of the sea, impairment of quality for use of sea water andreduction of amenities;

(5) (a) "dumping" means:

(i) any deliberate disposal of wastes or other matter fromvessels, aircraft, platforms or other man-madestructures at sea;

(ii) any deliberate disposal of vessels, aircraft, platforms

or other man-made structures at sea;

(b) "dumping" does not include:

(i) the disposal of wastes or other matter incidental to, orderived from the normal operations of vessels,aircraft, platforms or other man-made structures atsea and their equipment, other than wastes or othermatter transported by or to vessels, aircraft, platforms

or other man-made structures at sea, operating for thepurpose of disposal of such matter or derived fromthe treatment of such wastes or other matter on suchvessels, aircraft, platforms or structures;

(ii) placement of matter for a purpose other than the meredisposal thereof, provided that such placement is notcontrary to the aims of this Convention

2 (1) "States Parties" means States which have consented to be bound

by this Convention and for which this Convention is in force

(2) This Convention applies mutatis mutandis to the entities

referred to in article 305, paragraph l(b), (c), (d), (e) and (f), which becomeParties to this Convention in accordance with the conditions relevant to each,and to that extent "States Parties" refers to those entities

PART II TERRITORIAL SEA AND CONTIGUOUS ZONE

SECTION 1 GENERAL PROVISIONS

Article 2 Legal status of the territorial sea, of the air space

over the territorial sea and of its bed and subsoil

1 The sovereignty of a coastal State extends, beyond its land territoryand internal waters and, in the case of an archipelagic State, its archipelagicwaters, to an adjacent belt of sea, described as the territorial sea

2 This sovereignty extends to the air space over the territorial sea aswell as to its bed and subsoil

3 The sovereignty over the territorial sea is exercised subject to thisConvention and to other rules of international law

SECTION 2 LIMITS OF THE TERRITORIAL SEA

Article 3 Breadth of the territorial sea

Every State has the right to establish the breadth of its territorial sea up

to a limit not exceeding 12 nautical miles, measured from baselinesdetermined in accordance with this Convention

Article 4 Outer limit of the territorial sea

The outer limit of the territorial sea is the line every point of which is at

a distance from the nearest point of the baseline equal to the breadth of theterritorial sea

Article 5 Normal baseline

Except where otherwise provided in this Convention, the normal baselinefor measuring the breadth of the territorial sea is the low-water line along thecoast as marked on large-scale charts officially recognized by the coastalState

Article 6 Reefs

In the case of islands situated on atolls or of islands having fringingreefs, the baseline for measuring the breadth of the territorial sea is theseaward low-water line of the reef, as shown by the appropriate symbol oncharts officially recognized by the coastal State

Article 7 Straight baselines

1 In localities where the coastline is deeply indented and cut into, or

if there is a fringe of islands along the coast in its immediate vicinity, themethod of straight baselines joining appropriate points may be employed indrawing the baseline from which the breadth of the territorial sea is measured

2 Where because of the presence of a delta and other naturalconditions the coastline is highly unstable, the appropriate points may beselected along the furthest seaward extent of the low-water line and,notwithstanding subsequent regression of the low-water line, the straightbaselines shall remain effective until changed by the coastal State inaccordance with this Convention

3 The drawing of straight baselines must not depart to any appreciableextent from the general direction of the coast, and the sea areas lying withinthe lines must be sufficiently closely linked to the land domain to be subject

to the regime of internal waters

4 Straight baselines shall not be drawn to and from low-tide elevations,unless lighthouses or similar installations which are permanently above sealevel have been built on them or except in instances where the drawing ofbaselines to and from such elevations has received general internationalrecognition

5 Where the method of straight baselines is applicable underparagraph 1, account may be taken, in determining particular baselines, ofeconomic interests peculiar to the region concerned, the reality and theimportance of which are clearly evidenced by long usage

6 The system of straight baselines may not be applied by a State insuch a manner as to cut off the territorial sea of another State from the highseas or an exclusive economic zone

Article 8 Internal waters

1 Except as provided in Part IV, waters on the landward side of thebaseline of the territorial sea form part of the internal waters of the State

2 Where the establishment of a straight baseline in accordance with themethod set forth in article 7 has the effect of enclosing as internal watersareas which had not previously been considered as such, a right of innocentpassage as provided in this Convention shall exist in those waters

Article 9 Mouths of rivers

If a river flows directly into the sea, the baseline shall be a straight lineacross the mouth of the river between points on the low-water line of itsbanks

Article 10 Bays

1 This article relates only to bays the coasts of which belong to asingle State

2 For the purposes of this Convention, a bay is a well-markedindentation whose penetration is in such proportion to the width of its mouth

as to contain land-locked waters and constitute more than a mere curvature

of the coast An indentation shall not, however, be regarded as a bay unlessits area is as large as, or larger than, that of the semi-circle whose diameter is

a line drawn across the mouth of that indentation

3 For the purpose of measurement, the area of an indentation is thatlying between the low-water mark around the shore of the indentation and aline joining the low-water mark of its natural entrance points Where,because of the presence of islands, an indentation has more than one mouth,the semi-circle shall be drawn on a line as long as the sum total of the lengths

of the lines across the different mouths Islands within an indentation shall

be included as if they were part of the water area of the indentation

4 If the distance between the low-water marks of the natural entrancepoints of a bay does not exceed 24 nautical miles, a closing line may bedrawn between these two low-water marks, and the waters enclosed therebyshall be considered as internal waters

5 Where the distance between the low-water marks of the naturalentrance points of a bay exceeds 24 nautical miles, a straight baseline of

24 nautical miles shall be drawn within the bay in such a manner as to enclosethe maximum area of water that is possible with a line of that length

6 The foregoing provisions do not apply to so-called "historic" bays,

or in any case where the system of straight baselines provided for in article 7

is applied

Article 11 Ports

For the purpose of delimiting the territorial sea, the outermost permanentharbour works which form an integral part of the harbour system are regarded

as forming part of the coast Off-shore installations and artificial islands shallnot be considered as permanent harbour works

Article 12 Roadsteads

Roadsteads which are normally used for the loading, unloading andanchoring of ships, and which would otherwise be situated wholly or partlyoutside the outer limit of the territorial sea, are included in the territorial sea

Article 13 Low-tide elevations

1 A low-tide elevation is a naturally formed area of land which issurrounded by and above water at low tide but submerged at high tide Where

a low-tide elevation is situated wholly or partly at a distance not exceedingthe breadth of the territorial sea from the mainland or an island, the low-waterline on that elevation may be used as the baseline for measuring the breadth

of the territorial sea

2 Where a low-tide elevation is wholly situated at a distance exceedingthe breadth of the territorial sea from the mainland or an island, it has noterritorial sea of its own

Article 14 Combination of methods for determining baselines

The coastal State may determine baselines in turn by any of the methodsprovided for in the foregoing articles to suit different conditions

Article 15 Delimitation of the territorial sea between States

with opposite or adjacent coasts

Where the coasts of two States are opposite or adjacent to each other,neither of the two States is entitled, failing agreement between them to thecontrary, to extend its territorial sea beyond the median line every point ofwhich is equidistant from the nearest points on the baselines from which thebreadth of the territorial seas of each of the two States is measured Theabove provision does not apply, however, where it is necessary by reason ofhistoric title or other special circumstances to delimit the territorial seas of thetwo States in a way which is at variance therewith

Article 16 Charts and lists of geographical coordinates

1 The baselines for measuring the breadth of the territorial seadetermined in accordance with articles 7, 9 and 10, or the limits derivedtherefrom, and the lines of delimitation drawn in accordance with articles 12and 15 shall be shown on charts of a scale or scales adequate for ascertainingtheir position Alternatively, a list of geographical coordinates of points,specifying the geodetic datum, may be substituted

2 The coastal State shall give due publicity to such charts or lists ofgeographical coordinates and shall deposit a copy of each such chart or listwith the Secretary-General of the United Nations

SECTION 3 INNOCENT PASSAGE IN THE TERRITORIAL SEA SUBSECTION A RULES APPLICABLE TO ALL SHIPS

Article 17 Right of innocent passage

Subject to this Convention, ships of all States, whether coastal orland-locked, enjoy the right of innocent passage through the territorial sea

Article 18 Meaning of passage

1 Passage means navigation through the territorial sea for the purposeof:

(a) traversing that sea without entering internal waters or calling at

a roadstead or port facility outside internal waters; or

(b) proceeding to or from internal waters or a call at such roadstead

or port facility

2 Passage shall be continuous and expeditious However, passageincludes stopping and anchoring, but only in so far as the same are incidental

to ordinary navigation or are rendered necessary by force majeure or distress

or for the purpose of rendering assistance to persons, ships or aircraft indanger or distress

Article 19 Meaning of innocent passage

1 Passage is innocent so long as it is not prejudicial to the peace, goodorder or security of the coastal State Such passage shall take place inconformity with this Convention and with other rules of international law

2 Passage of a foreign ship shall be considered to be prejudicial to thepeace, good order or security of the coastal State if in the territorial sea itengages in any of the following activities:

(a) any threat or use of force against the sovereignty, territorialintegrity or political independence of the coastal State, or in anyother manner in violation of the principles of international lawembodied in the Charter of the United Nations;

(b) any exercise or practice with weapons of any kind;

(c) any act aimed at collecting information to the prejudice of thedefence or security of the coastal State;

(d) any act of propaganda aimed at affecting the defence or security

of the coastal State;

(e) the launching, landing or taking on board of any aircraft;(f) the launching, landing or taking on board of any militarydevice;

(g) the loading or unloading of any commodity, currency or personcontrary to the customs, fiscal, immigration or sanitary laws andregulations of the coastal State;

(h) any act of wilful and serious pollution contrary to thisConvention;

(i) any fishing activities;

(j) the carrying out of research or survey activities;

(k) any act aimed at interfering with any systems of communication

or any other facilities or installations of the coastal State;(l) any other activity not having a direct bearing on passage

Article 20 Submarines and other underwater vehicles

In the territorial sea, submarines and other underwater vehicles arerequired to navigate on the surface and to show their flag

Article 21 Laws and regulations of the coastal State relating to innocent passage

1 The coastal State may adopt laws and regulations, in conformity withthe provisions of this Convention and other rules of international law, relating

to innocent passage through the territorial sea, in respect of all or any of thefollowing:

(a) the safety of navigation and the regulation of maritime traffic;(b) the protection of navigational aids and facilities and otherfacilities or installations;

(c) the protection of cables and pipelines;

(d) the conservation of the living resources of the sea;

(e) the prevention of infringement of the fisheries laws andregulations of the coastal State;

(f) the preservation of the environment of the coastal State and theprevention, reduction and control of pollution thereof;(g) marine scientific research and hydrographic surveys;

(h) the prevention of infringement of the customs, fiscal,immigration or sanitary laws and regulations of the coastalState

2 Such laws and regulations shall not apply to the design, construction,manning or equipment of foreign ships unless they are giving effect togenerally accepted international rules or standards

3 The coastal State shall give due publicity to all such laws andregulations

4 Foreign ships exercising the right of innocent passage through theterritorial sea shall comply with all such laws and regulations and allgenerally accepted international regulations relating to the prevention ofcollisions at sea

Article 22 Sea lanes and traffic separation schemes in the territorial sea

1 The coastal State may, where necessary having regard to the safety

of navigation, require foreign ships exercising the right of innocent passagethrough its territorial sea to use such sea lanes and traffic separation schemes

as it may designate or prescribe for the regulation of the passage of ships

2 In particular, tankers, nuclear-powered ships and ships carryingnuclear or other inherently dangerous or noxious substances or materials may

be required to confine their passage to such sea lanes

3 In the designation of sea lanes and the prescription of trafficseparation schemes under this article, the coastal State shall take into account:

(a) the recommendations of the competent internationalorganization;

(b) any channels customarily used for international navigation;(c) the special characteristics of particular ships and channels; and(d) the density of traffic

4 The coastal State shall clearly indicate such sea lanes and trafficseparation schemes on charts to which due publicity shall be given

Article 23 Foreign nuclear-powered ships and ships carrying nuclear

or other inherently dangerous or noxious substances

Foreign nuclear-powered ships and ships carrying nuclear or otherinherently dangerous or noxious substances shall, when exercising the right

of innocent passage through the territorial sea, carry documents and observespecial precautionary measures established for such ships by internationalagreements

Article 24 Duties of the coastal State

1 The coastal State shall not hamper the innocent passage of foreignships through the territorial sea except in accordance with this Convention

In particular, in the application of this Convention or of any laws orregulations adopted in conformity with this Convention, the coastal Stateshall not:

(a) impose requirements on foreign ships which have the practicaleffect of denying or impairing the right of innocent passage; or(b) discriminate in form or in fact against the ships of any State oragainst ships carrying cargoes to, from or on behalf of anyState

2 The coastal State shall give appropriate publicity to any danger tonavigation, of which it has knowledge, within its territorial sea

Article 25 Rights of protection of the coastal State

1 The coastal State may take the necessary steps in its territorial sea toprevent passage which is not innocent

2 In the case of ships proceeding to internal waters or a call at a portfacility outside internal waters, the coastal State also has the right to take thenecessary steps to prevent any breach of the conditions to which admission

of those ships to internal waters or such a call is subject

3 The coastal State may, without discrimination in form or in factamong foreign ships, suspend temporarily in specified areas of its territorialsea the innocent passage of foreign ships if such suspension is essential forthe protection of its security, including weapons exercises Such suspensionshall take effect only after having been duly published

Article 26 Charges which may be levied upon foreign ships

1 No charge may be levied upon foreign ships by reason only of theirpassage through the territorial sea

2 Charges may be levied upon a foreign ship passing through theterritorial sea as payment only for specific services rendered to the ship.These charges shall be levied without discrimination

SUBSECTION B RULES APPLICABLE TO

MERCHANT SHIPS AND GOVERNMENT SHIPS

OPERATED FOR COMMERCIAL PURPOSES

Article 27 Criminal jurisdiction on board a foreign ship

1 The criminal jurisdiction of the coastal State should not be exercised

on board a foreign ship passing through the territorial sea to arrest any person

or to conduct any investigation in connection with any crime committed onboard the ship during its passage, save only in the following cases:

(a) if the consequences of the crime extend to the coastal State;

(b) if the crime is of a kind to disturb the peace of the country orthe good order of the territorial sea;

(c) if the assistance of the local authorities has been requested bythe master of the ship or by a diplomatic agent or consularofficer of the flag State; or

(d) if such measures are necessary for the suppression of illicittraffic in narcotic drugs or psychotropic substances

2 The above provisions do not affect the right of the coastal State totake any steps authorized by its laws for the purpose of an arrest orinvestigation on board a foreign ship passing through the territorial sea afterleaving internal waters

3 In the cases provided for in paragraphs 1 and 2, the coastal Stateshall, if the master so requests, notify a diplomatic agent or consular officer

of the flag State before taking any steps, and shall facilitate contact betweensuch agent or officer and the ship's crew In cases of emergency thisnotification may be communicated while the measures are being taken

4 In considering whether or in what manner an arrest should be made,the local authorities shall have due regard to the interests of navigation

5 Except as provided in Part XII or with respect to violations of lawsand regulations adopted in accordance with Part V, the coastal State may nottake any steps on board a foreign ship passing through the territorial sea toarrest any person or to conduct any investigation in connection with any crimecommitted before the ship entered the territorial sea, if the ship, proceedingfrom a foreign port, is only passing through the territorial sea without enteringinternal waters

Article 28 Civil jurisdiction in relation to foreign ships

1 The coastal State should not stop or divert a foreign ship passingthrough the territorial sea for the purpose of exercising civil jurisdiction inrelation to a person on board the ship

2 The coastal State may not levy execution against or arrest the shipfor the purpose of any civil proceedings, save only in respect of obligations

or liabilities assumed or incurred by the ship itself in the course or for thepurpose of its voyage through the waters of the coastal State

3 Paragraph 2 is without prejudice to the right of the coastal State, inaccordance with its laws, to levy execution against or to arrest, for thepurpose of any civil proceedings, a foreign ship lying in the territorial sea, orpassing through the territorial sea after leaving internal waters

SUBSECTION C RULES APPLICABLE TO

WARSHIPS AND OTHER GOVERNMENT SHIPS

OPERATED FOR NON-COMMERCIAL PURPOSES

Article 29 Definition of warships

For the purposes of this Convention, "warship" means a ship belonging

to the armed forces of a State bearing the external marks distinguishing suchships of its nationality, under the command of an officer duly commissioned

by the government of the State and whose name appears in the appropriate

service list or its equivalent, and manned by a crew which is under regulararmed forces discipline.

Article 30 Non-compliance by warships with the laws and regulations

of the coastal State

If any warship does not comply with the laws and regulations of thecoastal State concerning passage through the territorial sea and disregards anyrequest for compliance therewith which is made to it, the coastal State mayrequire it to leave the territorial sea immediately

Article 31 Responsibility of the flag State for damage caused by a warship

or other government ship operated for non-commercial purposes

The flag State shall bear international responsibility for any loss ordamage to the coastal State resulting from the non-compliance by a warship

or other government ship operated for non-commercial purposes with thelaws and regulations of the coastal State concerning passage through theterritorial sea or with the provisions of this Convention or other rules ofinternational law

Article 32 Immunities of warships and other government ships

operated for non-commercial purposes

With such exceptions as are contained in subsection A and in articles 30and 31, nothing in this Convention affects the immunities of warships andother government ships operated for non-commercial purposes

SECTION 4 CONTIGUOUS ZONE

Article 33 Contiguous zone

1 In a zone contiguous to its territorial sea, described as the contiguouszone, the coastal State may exercise the control necessary to:

(a) prevent infringement of its customs, fiscal, immigration orsanitary laws and regulations within its territory or territorialsea;

(b) punish infringement of the above laws and regulationscommitted within its territory or territorial sea

2 The contiguous zone may not extend beyond 24 nautical miles fromthe baselines from which the breadth of the territorial sea is measured

PART III STRAITS USED FOR INTERNATIONAL

NAVIGATION

SECTION 1 GENERAL PROVISIONS

Article 34 Legal status of waters forming straits used for international navigation

1 The regime of passage through straits used for internationalnavigation established in this Part shall not in other respects affect the legalstatus of the waters forming such straits or the exercise by the Statesbordering the straits of their sovereignty or jurisdiction over such waters andtheir air space, bed and subsoil

2 The sovereignty or jurisdiction of the States bordering the straits isexercised subject to this Part and to other rules of international law

Article 35 Scope of this Part

Nothing in this Part affects:

(a) any areas of internal waters within a strait, except where theestablishment of a straight baseline in accordance with the methodset forth in article 7 has the effect of enclosing as internal watersareas which had not previously been considered as such;

(b) the legal status of the waters beyond the territorial seas of Statesbordering straits as exclusive economic zones or high seas; or(c) the legal regime in straits in which passage is regulated in whole or

in part by long-standing international conventions in forcespecifically relating to such straits

Article 36 High seas routes or routes through exclusive economic zones through straits used for international navigation

This Part does not apply to a strait used for international navigation ifthere exists through the strait a route through the high seas or through anexclusive economic zone of similar convenience with respect to navigationaland hydrographical characteristics; in such routes, the other relevant Parts ofthis Convention, including the provisions regarding the freedoms ofnavigation and overflight, apply

SECTION 2 TRANSIT PASSAGE

Article 37 Scope of this section

This section applies to straits which are used for international navigationbetween one part of the high seas or an exclusive economic zone and anotherpart of the high seas or an exclusive economic zone

Article 38 Right of transit passage

1 In straits referred to in article 37, all ships and aircraft enjoy the right

of transit passage, which shall not be impeded; except that, if the strait isformed by an island of a State bordering the strait and its mainland, transitpassage shall not apply if there exists seaward of the island a route throughthe high seas or through an exclusive economic zone of similar conveniencewith respect to navigational and hydrographical characteristics

2 Transit passage means the exercise in accordance with this Part ofthe freedom of navigation and overflight solely for the purpose of continuousand expeditious transit of the strait between one part of the high seas or anexclusive economic zone and another part of the high seas or an exclusiveeconomic zone However, the requirement of continuous and expeditioustransit does not preclude passage through the strait for the purpose ofentering, leaving or returning from a State bordering the strait, subject to theconditions of entry to that State

3 Any activity which is not an exercise of the right of transit passagethrough a strait remains subject to the other applicable provisions of thisConvention

Article 39 Duties of ships and aircraft during transit passage

1 Ships and aircraft, while exercising the right of transit passage, shall:(a) proceed without delay through or over the strait;

(b) refrain from any threat or use of force against the sovereignty,territorial integrity or political independence of States borderingthe strait, or in any other manner in violation of the principles

of international law embodied in the Charter of the UnitedNations;

(c) refrain from any activities other than those incident to theirnormal modes of continuous and expeditious transit unless

rendered necessary by force majeure or by distress;

(d) comply with other relevant provisions of this Part

2 Ships in transit passage shall:

(a) comply with generally accepted international regulations,procedures and practices for safety at sea, including theInternational Regulations for Preventing Collisions at Sea;(b) comply with generally accepted international regulations,procedures and practices for the prevention, reduction andcontrol of pollution from ships

3 Aircraft in transit passage shall:

(a) observe the Rules of the Air established by the InternationalCivil Aviation Organization as they apply to civil aircraft; stateaircraft will normally comply with such safety measures andwill at all times operate with due regard for the safety ofnavigation;

(b) at all times monitor the radio frequency assigned by thecompetent internationally designated air traffic control authority

or the appropriate international distress radio frequency

Article 40 Research and survey activities

During transit passage, foreign ships, including marine scientific researchand hydrographic survey ships, may not carry out any research or surveyactivities without the prior authorization of the States bordering straits

Article 41 Sea lanes and traffic separation schemes in straits

used for international navigation

1 In conformity with this Part, States bordering straits may designatesea lanes and prescribe traffic separation schemes for navigation in straitswhere necessary to promote the safe passage of ships

2 Such States may, when circumstances require, and after giving duepublicity thereto, substitute other sea lanes or traffic separation schemes forany sea lanes or traffic separation schemes previously designated orprescribed by them

3 Such sea lanes and traffic separation schemes shall conform togenerally accepted international regulations

4 Before designating or substituting sea lanes or prescribing orsubstituting traffic separation schemes, States bordering straits shall referproposals to the competent international organization with a view to theiradoption The organization may adopt only such sea lanes and trafficseparation schemes as may be agreed with the States bordering the straits,after which the States may designate, prescribe or substitute them

5 In respect of a strait where sea lanes or traffic separation schemesthrough the waters of two or more States bordering the strait are beingproposed, the States concerned shall cooperate in formulating proposals inconsultation with the competent international organization

6 States bordering straits shall clearly indicate all sea lanes and trafficseparation schemes designated or prescribed by them on charts to which duepublicity shall be given

7 Ships in transit passage shall respect applicable sea lanes and trafficseparation schemes established in accordance with this article

Article 42 Laws and regulations of States bordering straits

relating to transit passage

1 Subject to the provisions of this section, States bordering straits mayadopt laws and regulations relating to transit passage through straits, inrespect of all or any of the following:

(a) the safety of navigation and the regulation of maritime traffic,

as provided in article 41;

(b) the prevention, reduction and control of pollution, by givingeffect to applicable international regulations regarding thedischarge of oil, oily wastes and other noxious substances in thestrait;

(c) with respect to fishing vessels, the prevention of fishing,including the stowage of fishing gear;

(d) the loading or unloading of any commodity, currency or person

in contravention of the customs, fiscal, immigration or sanitarylaws and regulations of States bordering straits

2 Such laws and regulations shall not discriminate in form or in factamong foreign ships or in their application have the practical effect ofdenying, hampering or impairing the right of transit passage as defined in thissection

3 States bordering straits shall give due publicity to all such laws andregulations

4 Foreign ships exercising the right of transit passage shall complywith such laws and regulations

5 The flag State of a ship or the State of registry of an aircraft entitled

to sovereign immunity which acts in a manner contrary to such laws andregulations or other provisions of this Part shall bear internationalresponsibility for any loss or damage which results to States bordering straits

Article 43 Navigational and safety aids and other improvements

and the prevention, reduction and control of pollution

User States and States bordering a strait should by agreement cooperate:(a) in the establishment and maintenance in a strait of necessarynavigational and safety aids or other improvements in aid ofinternational navigation; and

(b) for the prevention, reduction and control of pollution from ships

Article 44 Duties of States bordering straits

States bordering straits shall not hamper transit passage and shall giveappropriate publicity to any danger to navigation or overflight within or overthe strait of which they have knowledge There shall be no suspension oftransit passage

SECTION 3 INNOCENT PASSAGE

Article 45 Innocent passage

1 The regime of innocent passage, in accordance with Part II,section 3, shall apply in straits used for international navigation:

(a) excluded from the application of the regime of transit passageunder article 38, paragraph 1; or

(b) between a part of the high seas or an exclusive economic zoneand the territorial sea of a foreign State

2 There shall be no suspension of innocent passage through suchstraits

PART IV ARCHIPELAGIC STATES

Article 46 Use of terms

For the purposes of this Convention:

(a) "archipelagic State" means a State constituted wholly by one ormore archipelagos and may include other islands;

(b) "archipelago" means a group of islands, including parts of islands,interconnecting waters and other natural features which are soclosely interrelated that such islands, waters and other naturalfeatures form an intrinsic geographical, economic and politicalentity, or which historically have been regarded as such

Article 47 Archipelagic baselines

1 An archipelagic State may draw straight archipelagic baselinesjoining the outermost points of the outermost islands and drying reefs of thearchipelago provided that within such baselines are included the main islandsand an area in which the ratio of the area of the water to the area of the land,including atolls, is between 1 to 1 and 9 to 1

2 The length of such baselines shall not exceed 100 nautical miles,except that up to 3 per cent of the total number of baselines enclosing anyarchipelago may exceed that length, up to a maximum length of 125 nauticalmiles

3 The drawing of such baselines shall not depart to any appreciableextent from the general configuration of the archipelago

4 Such baselines shall not be drawn to and from low-tide elevations,unless lighthouses or similar installations which are permanently above sealevel have been built on them or where a low-tide elevation is situated wholly

or partly at a distance not exceeding the breadth of the territorial sea from thenearest island

5 The system of such baselines shall not be applied by an archipelagicState in such a manner as to cut off from the high seas or the exclusiveeconomic zone the territorial sea of another State

6 If a part of the archipelagic waters of an archipelagic State liesbetween two parts of an immediately adjacent neighbouring State, existingrights and all other legitimate interests which the latter State has traditionallyexercised in such waters and all rights stipulated by agreement between thoseStates shall continue and be respected

7 For the purpose of computing the ratio of water to land underparagraph l, land areas may include waters lying within the fringing reefs ofislands and atolls, including that part of a steep-sided oceanic plateau which

is enclosed or nearly enclosed by a chain of limestone islands and dryingreefs lying on the perimeter of the plateau

8 The baselines drawn in accordance with this article shall be shown

on charts of a scale or scales adequate for ascertaining their position.Alternatively, lists of geographical coordinates of points, specifying thegeodetic datum, may be substituted

9 The archipelagic State shall give due publicity to such charts or lists

of geographical coordinates and shall deposit a copy of each such chart or listwith the Secretary-General of the United Nations

Article 48 Measurement of the breadth of the territorial sea, the contiguous zone,

the exclusive economic zone and the continental shelf

The breadth of the territorial sea, the contiguous zone, the exclusiveeconomic zone and the continental shelf shall be measured from archipelagicbaselines drawn in accordance with article 47

Article 49 Legal status of archipelagic waters, of the air space

over archipelagic waters and of their bed and subsoil

1 The sovereignty of an archipelagic State extends to the watersenclosed by the archipelagic baselines drawn in accordance with article 47,described as archipelagic waters, regardless of their depth or distance fromthe coast

2 This sovereignty extends to the air space over the archipelagicwaters, as well as to their bed and subsoil, and the resources containedtherein

3 This sovereignty is exercised subject to this Part

4 The regime of archipelagic sea lanes passage established in this Partshall not in other respects affect the status of the archipelagic waters,including the sea lanes, or the exercise by the archipelagic State of itssovereignty over such waters and their air space, bed and subsoil, and theresources contained therein

Article 50 Delimitation of internal waters

Within its archipelagic waters, the archipelagic State may draw closinglines for the delimitation of internal waters, in accordance with articles 9,

10 and 11

Article 51 Existing agreements, traditional fishing rights

and existing submarine cables

1 Without prejudice to article 49, an archipelagic State shall respectexisting agreements with other States and shall recognize traditional fishingrights and other legitimate activities of the immediately adjacent neighbouringStates in certain areas falling within archipelagic waters The terms andconditions for the exercise of such rights and activities, including the nature,the extent and the areas to which they apply, shall, at the request of any of theStates concerned, be regulated by bilateral agreements between them Suchrights shall not be transferred to or shared with third States or their nationals

2 An archipelagic State shall respect existing submarine cables laid byother States and passing through its waters without making a landfall Anarchipelagic State shall permit the maintenance and replacement of such

cables upon receiving due notice of their location and the intention to repair

or replace them

Article 52 Right of innocent passage

1 Subject to article 53 and without prejudice to article 50, ships of allStates enjoy the right of innocent passage through archipelagic waters, inaccordance with Part II, section 3

2 The archipelagic State may, without discrimination in form or in factamong foreign ships, suspend temporarily in specified areas of itsarchipelagic waters the innocent passage of foreign ships if such suspension

is essential for the protection of its security Such suspension shall take effectonly after having been duly published

Article 53 Right of archipelagic sea lanes passage

1 An archipelagic State may designate sea lanes and air routesthereabove, suitable for the continuous and expeditious passage of foreignships and aircraft through or over its archipelagic waters and the adjacentterritorial sea

2 All ships and aircraft enjoy the right of archipelagic sea lanespassage in such sea lanes and air routes

3 Archipelagic sea lanes passage means the exercise in accordancewith this Convention of the rights of navigation and overflight in the normalmode solely for the purpose of continuous, expeditious and unobstructedtransit between one part of the high seas or an exclusive economic zone andanother part of the high seas or an exclusive economic zone

4 Such sea lanes and air routes shall traverse the archipelagic watersand the adjacent territorial sea and shall include all normal passage routesused as routes for international navigation or overflight through or overarchipelagic waters and, within such routes, so far as ships are concerned, allnormal navigational channels, provided that duplication of routes of similarconvenience between the same entry and exit points shall not be necessary

5 Such sea lanes and air routes shall be defined by a series ofcontinuous axis lines from the entry points of passage routes to the exitpoints Ships and aircraft in archipelagic sea lanes passage shall not deviatemore than 25 nautical miles to either side of such axis lines during passage,provided that such ships and aircraft shall not navigate closer to the coaststhan 10 per cent of the distance between the nearest points on islandsbordering the sea lane

6 An archipelagic State which designates sea lanes under this articlemay also prescribe traffic separation schemes for the safe passage of shipsthrough narrow channels in such sea lanes

7 An archipelagic State may, when circumstances require, after givingdue publicity thereto, substitute other sea lanes or traffic separation schemesfor any sea lanes or traffic separation schemes previously designated orprescribed by it

8 Such sea lanes and traffic separation schemes shall conform togenerally accepted international regulations

9 In designating or substituting sea lanes or prescribing or substitutingtraffic separation schemes, an archipelagic State shall refer proposals to the

competent international organization with a view to their adoption Theorganization may adopt only such sea lanes and traffic separation schemes asmay be agreed with the archipelagic State, after which the archipelagic Statemay designate, prescribe or substitute them.

10 The archipelagic State shall clearly indicate the axis of the sea lanesand the traffic separation schemes designated or prescribed by it on charts towhich due publicity shall be given

11 Ships in archipelagic sea lanes passage shall respect applicable sealanes and traffic separation schemes established in accordance with thisarticle

12 If an archipelagic State does not designate sea lanes or air routes, theright of archipelagic sea lanes passage may be exercised through the routesnormally used for international navigation

Article 54 Duties of ships and aircraft during their passage,

research and survey activities, duties of the archipelagic State and laws and regulations of the archipelagic State

relating to archipelagic sea lanes passage

Articles 39, 40, 42 and 44 apply mutatis mutandis to archipelagic sea

lanes passage

PART V EXCLUSIVE ECONOMIC ZONE

Article 55 Specific legal regime of the exclusive economic zone

The exclusive economic zone is an area beyond and adjacent to theterritorial sea, subject to the specific legal regime established in this Part,under which the rights and jurisdiction of the coastal State and the rights andfreedoms of other States are governed by the relevant provisions of thisConvention

Article 56 Rights, jurisdiction and duties of the coastal State in the exclusive

economic zone

1 In the exclusive economic zone, the coastal State has:

(a) sovereign rights for the purpose of exploring and exploiting,conserving and managing the natural resources, whether living

or non-living, of the waters superjacent to the seabed and of theseabed and its subsoil, and with regard to other activities for theeconomic exploitation and exploration of the zone, such as theproduction of energy from the water, currents and winds;(b) jurisdiction as provided for in the relevant provisions of thisConvention with regard to:

(i) the establishment and use of artificial islands, installationsand structures;

(ii) marine scientific research;

(iii) the protection and preservation of the marineenvironment;

(c) other rights and duties provided for in this Convention

2 In exercising its rights and performing its duties under thisConvention in the exclusive economic zone, the coastal State shall have dueregard to the rights and duties of other States and shall act in a mannercompatible with the provisions of this Convention

3 The rights set out in this article with respect to the seabed andsubsoil shall be exercised in accordance with Part VI

Article 57 Breadth of the exclusive economic zone

The exclusive economic zone shall not extend beyond 200 nautical milesfrom the baselines from which the breadth of the territorial sea is measured

Article 58 Rights and duties of other States in the exclusive economic zone

1 In the exclusive economic zone, all States, whether coastal orland-locked, enjoy, subject to the relevant provisions of this Convention, thefreedoms referred to in article 87 of navigation and overflight and of thelaying of submarine cables and pipelines, and other internationally lawfuluses of the sea related to these freedoms, such as those associated with theoperation of ships, aircraft and submarine cables and pipelines, andcompatible with the other provisions of this Convention

2 Articles 88 to 115 and other pertinent rules of international lawapply to the exclusive economic zone in so far as they are not incompatiblewith this Part

3 In exercising their rights and performing their duties under thisConvention in the exclusive economic zone, States shall have due regard tothe rights and duties of the coastal State and shall comply with the laws andregulations adopted by the coastal State in accordance with the provisions ofthis Convention and other rules of international law in so far as they are notincompatible with this Part

Article 59 Basis for the resolution of conflicts regarding the attribution of rights and jurisdiction

in the exclusive economic zone

In cases where this Convention does not attribute rights or jurisdiction

to the coastal State or to other States within the exclusive economic zone, and

a conflict arises between the interests of the coastal State and any other State

or States, the conflict should be resolved on the basis of equity and in thelight of all the relevant circumstances, taking into account the respectiveimportance of the interests involved to the parties as well as to theinternational community as a whole

Article 60 Artificial islands, installations and structures

in the exclusive economic zone

1 In the exclusive economic zone, the coastal State shall have theexclusive right to construct and to authorize and regulate the construction,operation and use of:

(a) artificial islands;

(b) installations and structures for the purposes provided for inarticle 56 and other economic purposes;

(c) installations and structures which may interfere with theexercise of the rights of the coastal State in the zone

2 The coastal State shall have exclusive jurisdiction over such artificialislands, installations and structures, including jurisdiction with regard tocustoms, fiscal, health, safety and immigration laws and regulations

3 Due notice must be given of the construction of such artificialislands, installations or structures, and permanent means for giving warning

of their presence must be maintained Any installations or structures whichare abandoned or disused shall be removed to ensure safety of navigation,taking into account any generally accepted international standards established

in this regard by the competent international organization Such removal shallalso have due regard to fishing, the protection of the marine environment andthe rights and duties of other States Appropriate publicity shall be given tothe depth, position and dimensions of any installations or structures notentirely removed

4 The coastal State may, where necessary, establish reasonable safetyzones around such artificial islands, installations and structures in which itmay take appropriate measures to ensure the safety both of navigation and ofthe artificial islands, installations and structures

5 The breadth of the safety zones shall be determined by the coastalState, taking into account applicable international standards Such zones shall

be designed to ensure that they are reasonably related to the nature andfunction of the artificial islands, installations or structures, and shall notexceed a distance of 500 metres around them, measured from each point oftheir outer edge, except as authorized by generally accepted internationalstandards or as recommended by the competent international organization.Due notice shall be given of the extent of safety zones

6 All ships must respect these safety zones and shall comply withgenerally accepted international standards regarding navigation in the vicinity

of artificial islands, installations, structures and safety zones

7 Artificial islands, installations and structures and the safety zonesaround them may not be established where interference may be caused to theuse of recognized sea lanes essential to international navigation

8 Artificial islands, installations and structures do not possess thestatus of islands They have no territorial sea of their own, and their presencedoes not affect the delimitation of the territorial sea, the exclusive economiczone or the continental shelf

Article 61 Conservation of the living resources

1 The coastal State shall determine the allowable catch of the livingresources in its exclusive economic zone

2 The coastal State, taking into account the best scientific evidenceavailable to it, shall ensure through proper conservation and managementmeasures that the maintenance of the living resources in the exclusiveeconomic zone is not endangered by over-exploitation As appropriate, thecoastal State and competent international organizations, whether subregional,regional or global, shall cooperate to this end.

3 Such measures shall also be designed to maintain or restorepopulations of harvested species at levels which can produce the maximumsustainable yield, as qualified by relevant environmental and economicfactors, including the economic needs of coastal fishing communities and thespecial requirements of developing States, and taking into account fishingpatterns, the interdependence of stocks and any generally recommendedinternational minimum standards, whether subregional, regional or global

4 In taking such measures the coastal State shall take intoconsideration the effects on species associated with or dependent uponharvested species with a view to maintaining or restoring populations of suchassociated or dependent species above levels at which their reproduction maybecome seriously threatened

5 Available scientific information, catch and fishing effort statistics,and other data relevant to the conservation of fish stocks shall be contributedand exchanged on a regular basis through competent internationalorganizations, whether subregional, regional or global, where appropriate andwith participation by all States concerned, including States whose nationalsare allowed to fish in the exclusive economic zone

Article 62 Utilization of the living resources

1 The coastal State shall promote the objective of optimum utilization

of the living resources in the exclusive economic zone without prejudice toarticle 61

2 The coastal State shall determine its capacity to harvest the livingresources of the exclusive economic zone Where the coastal State does nothave the capacity to harvest the entire allowable catch, it shall, throughagreements or other arrangements and pursuant to the terms, conditions, lawsand regulations referred to in paragraph 4, give other States access to thesurplus of the allowable catch, having particular regard to the provisions ofarticles 69 and 70, especially in relation to the developing States mentionedtherein

3 In giving access to other States to its exclusive economic zone underthis article, the coastal State shall take into account all relevant factors,

including, inter alia, the significance of the living resources of the area to the

economy of the coastal State concerned and its other national interests, theprovisions of articles 69 and 70, the requirements of developing States in thesubregion or region in harvesting part of the surplus and the need to minimizeeconomic dislocation in States whose nationals have habitually fished in thezone or which have made substantial efforts in research and identification ofstocks

4 Nationals of other States fishing in the exclusive economic zoneshall comply with the conservation measures and with the other terms andconditions established in the laws and regulations of the coastal State Theselaws and regulations shall be consistent with this Convention and may relate,

inter alia, to the following: